Panaji, 24th August, 1972 (Bhadra 2, 1894)
SERIES I No. 21
OFFICIAL
GAZETTE
सत्यमेव जयते
GOVERNMENT OF GOA , DAMAN AND DIU
GOVERNMENT OF GOA , DAMAN
AND DIU
Sections
13. Obligations of hirer to comply with agreement.
14 . Obligation of hirer in respect of care to be taken of
goods .
15. Obligation of hirer in respect of use of goods .
16. Obligation of hirer to give information as to where
abouts of goods .
17. Rights of hirer in case of seizure of goods by owner .
Law and Judicial Department
Notification
CHAPTER V
Rights and obligations of the owner
LD / 2784 / 72
The Hire Purchase Act, 1972 (26 of 1972 ) , the
General Insurance ( Emergency Provisions) Amend
ment Act, 1972 ( 27 of 1972 ), the National Service
Act, 1972 ( 28 of 1972 ) , the Constitution ( Twenty
Ninth Amendment) Act, 1972 which were recently
passed by the Parliament and assented to by the
President of India are hereby published for general
information of the public .
18. Rights of owner to terminate hire -purchase agree
ment for default in payment of hire or unauthorised
act or breach of express conditions .
19. Rights of owner on termination .
20. Restriction on owner s right to recover possession of
goods otherwise than through court.
21. Relief against termination for non -payment of hire .
22. Relief against termination for unauthorised act or
breach of express condition .
23. Obligation of owner to supply copies and information .
M. S. Borkar , Under Secretary .
CHAPTER VI
Misceilaneous
Panaji, 26th July , 1972 .
same
The Hire Purchase Act, 1972
24. Discharge of price otherwise than by payment of
money .
25. Insolvency of hirer , etc.
26. Successive hire - purchase agreements between
parties.
27. Evidence of adverse detention in suit or application
to recover possession of goods .
28. Hirer s refusal to surrender goods not to be conversion
in certain cases .
29.. Service of notice .
30. Power to exempt from provisions of sections 6 , 9, 10 ,
12 and 17 in certain cases .
31. Act not to apply to existing agreements.
ARRANGEMENT OF SECTIONS
CHAPTER I
Preliminary
Sections
1. Short title , extent and commencement.
2. Definitions .
The Hire-Purchase Act, 1972
AN
CHAPTER II
Form and contents of hire -purchase agreements
3. Hire- purchase agreements to be in writing, and signed
by parties thereto .
4. Contents of hire -purchase agreements .
5. Two or more agreements when treated as a single
hire -purchase agreement .
ACT
to define and regulate the rights and duties of
parties to hire -purchase agreements and for mat
ters connected therewith or incidental thereto .
Be it enacted by Parliament in the Twenty -third
Year of the Republic of India as follows : -
CHAPTER III
Warranties and conditions , limitation on hire
-purchase charges and passing of property
6. Warranties and conditions to be implied in hire -pur
chase agreements.
7. Limitation on hire -purchase charges.
8. Passing of property .
CHAPTER I
Preliminary
CHAPTER IV
Rights and obligations of the hirer
9. Right of hirer to purchase at any time with rebate .
10. Right of hirer to terminate agreement at any time.
11. Right of hirer to appropriate payments in respect of
two or more agreements .
12. Assignment and transmission of hirer s right or interest
under hire -purchase agreement.
1. Short title , extent and commencement. ( 1 )
This Act may be called the Hire -purchase Act, 1972 .
( 2 ) It extends to the whole of India except the
State of Jammu and Kashmir .
( 3 ) It shall come into force on such date as the
Central Government may , by notification in the
Official Gazette, apoint.
362
SERIES I No. 21
(6 ) signed by all the parties thereto .
( 2 ) A hire -purchase agreement shall be void if in
respect thereof any of the requirements specified
in sub -section ( 1 ) has not been complied with .
(3 ) Where there is a contract of guarantee, the
hire -purchase agreement shall be signed by the su
rety also , and if the hire -purchase agreement is not
so signed , the hire -purchase agreement shall be voi
dable at the option of the owner .
4. Contents of hire- purchase agreements . ( 1 )
Every hire - purchase agreement shall state --
(a ) the hire -purchase price of the goods to
which the agreement relates ;
(b ) the cash price of the goods, that is to say ,
the price at which the goods may be purchased by
the hirer for cash ;
( c ) the date on which the agreement shall be
deemed to have commenced ;
( d ) the number of instalments by which the
hire -purchase price is to be paid , the amount of
each of those instalments , and the date , or the
mode of determining the date , upon which it is
payable, and the person to whom and the place
where it is payable ; and
(e ) the goods to which the agreement relates ,
in a manner sufficient to identify them .
P
2. Definitions. In this Act, unless the context
otherwise requires ,
( a ) " contract of guarantee" , in relation to any
hire- purchase agreement, means a contract whe
reby a person in this Act referred to as the
surety ) guarantees the performance of all or any
of the hirer s obligations under the hire -purchase
agreement ;
(8 ) " hire” means the sum payable periodically
by the hirer under a hire -purchase agreement ;
(c ) " hire- purchase agreement” means an agree
ment under which goods are let on hire and under
which the hirer has an option to purchase them
in accordance with the terms of the agreement
and includes an agreement under which —
( i) possession of goods is delivered by the
owner thereof to a person on condition that such
person pays the agreed amount in periodical
instalments , and
(ii ) the property in the goods is to pass to
such person on the payment of the last of such
instalments , and
( iii ) such person has a right to terminate
the agreement at any time before the property
so passes ;
( d ) " hire - purchase price " means the total sum
payable by the hirer under a hire -purchase agree
ment in order to complete the purchase of , or
the acquisition of property in , the goods to which
the agreement relates ; and includes any sum so
payable by the hirer under the hire -purchase
agreement by way of a deposit or other initial
payment, or credited or to be credited to him under
such agreement on account of any such deposit
or payment , whether that sum is to be cr has
been paid to the owner or to any other person
or is to be or has been discharged by payment
of money or by transfer or delivery of goods or
by any other means ; but does not include any
sum payable as a penalty or as compensation or
damages for a breach of the agreement;
( e ) " hirer " means the person who obtains or
has cbtained possession of goods from an owner
under a hire - purchase agreement, and includes
a person to whom the hirer s rights or liabilities
under the agreement have passed by assignment
or by operation of law ;
( f) " owners" means the person who lets or has
let , delivers or has delivered possession of goods,
to a hirer under a hire - purchase agreement and
includes a person to whom the owner s property
in the goods or any of the owner s rights or liabi
lities under the agreement has passed by assign
ment or by operation of law ;
( g ) each of the words and expres
sions used and not defined in this Act
but defined in the Indian Contract Act ,
1872 or the Sale of Goods Act, 1930 9 of 1872 .
shall have the meaning assigned to it
3 of 1930 .
in that Act .
( 2 ) Where any part of the hire- purchase price is ,
or is to be , paid otherwise than in cash cr by cheque,
the hire - purchase agreement shall contain a descrip
tion of that part of the hire -purchase price .
( 3 ) Where any of the requirements specified in
sub - section ( 1 ) or sub -section ( 2 ) has not been ccm
plied with , the hirer may institute a suit for getting
the hire -purchase agreement rescinded ; and the court
may, if it is satisfied that the failure to comply with
any such requirement has prejudiced the hirer , res
cind the agreement on such iterms as it thinks just,
or pass such other order as it thinks fit in the cir
cumstances of the case .
5. Two or more agreements when treated as a sin
gle hire- purchase agreement . -- Where by virtue of
two or more agreements in writing, none of which by
itself constitutes a hire -purchase agreement , there
is a bailment of goods and the bailee has an option
to purchase the goods and the requirements of sec
tion 3 and section 4. are satisfied in relation to such
agreements , the agreements shall be treated for the
purposes of this Act as a single hire- purchase agree
ment made at the time when the last of the agree
ments was made .
CHAPTER III
CHAPTER II
Form and contents of hire purchase agreements
Warranties and conditions, limitation on hire-purchase
charges and passing of property
6. Warranties and conditions to be implied in hire
purchase agreements . -- ( 1 ) Notwithstanding any
thing contained in any contract , in every hire - pur
chase agreement there shall be an implied warranty
( a ) that the hirer shall have and enjoy quiet
possession of the goods ; and
(6 ) that the goods shall be free from any charge
or encumbrance in favour of any third party at
the time when the property is to pass .
3. Hire - purchase agreements to be in writing and
signed by parties thereto.-- ( 1 ) Every hire- pur
chase agreement shall be
(a ) in writing , and
363
24TH AUGUST, 1972 ( BHADRA 2 , 1894 )
( 2 ) Notwithstanding anything contained in any
contract , in every hire -purchase agreement there
shall be
( a ) an implied condition on the part of the owner
that he has a right to sell the goods at the time
when the property is to pass ;
( b ) an amplied condition that the goods shall be
of merchantable quality , but no such condition
shall be implied by virtue of this clause -
( i ) as regards defects of which the owner
could not reasonably have been aware at the
time when the agreement was made , or
( ii ) as regards defects specified in the agree
ment (whether referred to in the agreement as
defects or by any other description to the like
effect ) , or
( iii) where the hirer has examined the goods ,
or a sample thereof, as regards defects which
the examination ought to have revealed , cr
( iv ) if the goods are second -hand goods and
the agreement contains a statement to that
effect.
( 3 ) Where the hirer , whether expressly or by im
plication ,
( a ) has made known ito the owner the particular
purpose for which the goods are required , or
(b ) in the course of any antecedent negotia
tions, has made that purpose known to any other
person by whom those negotiations were con
ducted ,
the amount of the hire- purchase instalment bears
to the total amount of hire -purchase price ;
(6 ) " deposit” means any sum payable by the
hirer under the hire- purchase agreement by way
of deposit or other initial payment or credited or
to be credited to him under the agreement on
account of any such deposit or payment , whether
that sum is to be or has been discharged by pay
ment of money or by transfer or delivery of goods
or by any other means ;
( c ) " net cash price " , in relation to goods com
prised in a hire -purchase agreement, means the
cash price of such goods as required to be specified
in the hire -purchase agreement under clause (5 )
of sub -section ( 1) of section 4 , less any deposit as
defined in clause ( b ) ;
( d ) “ net hire- purchase charges ” , in relation to
a hire -purchase agreement for any goods , means
the difference between the net hire -purchase price
and the net cash price of such goods ;
( e ) " net hire- purchase price ” , in relation to
goods comprised in a hire- purchase agreement ,
means the total amount of hire- purchase price of
such goods as required to be specified in the hire
purchase agreement under clause (a ) of sub - sec
tion ( 1) of section 4 less ,
( i) any amount which is payable to cover the
expenses of delivering the goods or any of them
to or to the order of the hirer and which is
specified in the agreement as included in the
hire - purchase price ;
( ii ) any amount which is payable to cover
registration or other fees under any law in res
pect of the goods or the agreement or both and
which is specified in the agreement as included
in the hire - purchase price ; and
(iii) any amount which is payable for insu
rance (other than third party insurance ) in res
pect of the goods and which is specified in the
agreement as included in the hire -purchase
price ;
(f) " statutory charges" , in relation to a hire
purchase agreement , means the aggregate of the
amounts calculated in accordance with the provi
sions of sub -section ( 2 ) as statutory charges
in respect of each of the cash price instalments
corresponding to each of the hire - purchase instal
ments under the agreement .
( 2 ) The statutory charges, in respect of a cash
price instalment, shall be an amount calculated at
the rate of thirty per centum per annum or , if a
lower rate is specified under sub -section ( 3 ) , at such
lower rate , in accordance with the following for
mula :
CIXRXT
C = --
100
where, --SC - represents the statutory charges ;
CI, represents the amount of cash
price instalment expressed in
rupees or fraction of rupees .
R - represents the rate ; and
T - represents the time, expressed in
years and fractions of years ,
that elapses between the date of
the agreement and the date on
which the hire -purchase intal
there shall be an implied condition that the goods
shall be reasonably fit for such purpose .
( 4 ) Where the goods are let under a hire - purchase
agreement by reference to a sample there shall be
( a ) an implied condition on the part of the
owner that the bulk will correspond with the sam
ple in quality , and
( b ) an implied condition on the part of the
owner that the hirer will have a reasonable
oppor
tunity of comparing the bulk with the sample.
(5 ) Where the goods are let under a hire- purchase
agreement by description there shall be an implied
condition that the goods will correspond with the
description ; and if the goods are let under the agree
ment by reference to a sample as well as by descrip
tion , it shall not be sufficient that the bulk of the
goods correspond with the sample if the goods do
not also correspond with the description .
(6 ) An owner shall not be entitled to rely on any
provision in a hirepurchase agreement excluding or
modifying the condition set out in sub -section ( 3 )
unless he proves that before the agreement was made
the provision was brought to the notice of the hirer
and its effect made clear to him .
( 7 ) Nothing in this section shall prejudice the
operation of any other enactment or rule of law whe
reby any condition or warranty is to be implied in
any hire -purchase agreement.
C
7. Limitation on hire - purchase charges . - ( 1) In
this section ,
( a ) " cash price instalment ” , in relation to hire
-purchase instalment, means an amount which
bears to the net cash price the same proportion as
364
SERIES I No. 21
ment corresponding to the cash contained in the hire -purchase agreement, but where
price instalment is payable un the terms of the agreement entitle the hirer to a
der the agreement.
rebate higher than that allowed by this section , the
hirer shall be entitled to the rebate provided by the
( 3 ) The Central Government may, by notification agreement.
in the Official Gazette , and after consultation with
the Reserve Bank of India , specify the rate per 10. Right of hirer to terminate agreement at any
centum per annum , being a rate which shall not be time. — ( 1 ) The hirer may, at any time before the
less than ten per centum per annum , at which statu final payment under the hire- purchase agreement
tory charges may be calculated under , sub - sec
- falls due, and after giving the owner not less than
tion ( 2 ) and different rates may be so specified in : fourteen days notice in writing of his intention so
respect of hire - purchase agreements relating to diffe to do and re - delivering or tendering the goods to the
rent classes or sub - classes of goods.
owner , terminate the hire - purchase agreement by
payment or tender to the owner of the amounts
( 4 ) Where the net hire - purchase charges in rela
which have accrued due towards the hire -purchase
üion to a hire - purchase agreement exceed the sta
price and have not been paid by him , including the
tutcry charges in relation ito such agreement calcu
lated in accordance with the provisions of sub -sec
sum , if any , which he is liable to pay under sub
-secticn ( 2 ) .
tion ( 2 ) , the hirer may , by notice in writing to the
owner, either elect to treat the agreement as void or ( 2 ) Where the hirer terminates the agreement
to have his liability reduced by the amount by which under sub -section ( 1) , and the agreement provides
the net hire -purchase charges exceed the statutory for the payment of a sum named on account of such
charges aforesaid .
termination , the liability of the hirer to pay that
(5 ) Where a hirer elects , in accordance with the
sum shall be subject to the following conditions,
provisions of sub - section ( 4 ) , to treat the hire
namely : —
purchase agreement as void , the agreement shall be ( a ) where the sum total of the amounts paid
void , and the amount paid or provided whether by and the amounts due in respect of the hire -pur
cash , cheque or other consideration , by or on behalf chase price immediately before the termination
of the hirer in relation to the agreement shall be exceeds one -half of the hire - purchase price, the
recoverable by the hirer as a debt due to him by the hirer shall not be liable to pay the sum so named ;
Owner .
(b ) where the sum total of the amounts paid
(6 ) Where the hirer elects to have his liability
and the amounts due in respect of the hire - pur
reduced by the amount referred to in sub - section ( 4 ) , chase price immediately before the termination
his liability shall be reduced by that amount and does not exceed one-half of the hire -purchase price ,
that amount may be set off by the hirer against the the hirer shall be liable to pay the difference
amount that would otherwise be due under the between the said sum total and the said one -half ,
agreement and, to the extent to which it is not so or the sum named in the agreement, whichever
set off, may be recovered by the hirer as a debt due is less .
to him by the owner .
( 3 ) Nothing in sub -section ( 2 ) shall relieve the
hirer from any liability for any hire which might
8. Passing of property . — Subject to the provi
have accrued due before the termination .
sions of this Act, the property in the goods to which
a hire- purchase agreement relates shall pass to the (4 ) Any provision in any agreement , whereby the
hirer only on the completion of the purchase in the right conferred on a hirer by this section to termi
manner provided in the agreement.
nate the hire - purchase agreement is excluded or
restricted , or whereby any liability in addition to
CHAPTER IV
the liability imposed by this Act is imposed on a
Rights and obligations of the hirer
hirer by reason of the termination of the hire - pur
chase agreement by him under this section , shall be
9. Right of hirer to purchase at any time with void .
rebate . ( 1 ) The hirer may, at any time during the
continuance of the hire- purchase agreement and
(5 ) Nothing in this section shall prejudice any
right of a hirer to terminate a hire -purchase agree
after giving the owner not less than fourteen days
notice in writing of his intention so to do , complete
ment otherwise than by virtue of this section .
the purchase of the goods by paying or tendering
to the owner the hire -purchase price or the balance
11. Right of hirer to appropriate payments in res
thereof as reduced by the rebate calculated in the pect of two or more agreements . --- A hirer who is
manner provided in sub -section ( 2 ) .
liable to make payments in respect of two or more
hire- purchase agreements to the same owner shall,
( 2 ) The rebate for the purposes of sub -section ( 1)
notwithstanding any agreement to the contrary , be
shall be equal to two- thirds of an amount which
entitled , on making any payment in respect of the
bears to the hire -purchase charges the same propor
agreements which is not sufficient to discharge the
tion as the balance of the hire - purchase price not total amount then due under all the agreements to
yet due bears to the hire -purchase price .
appropriate the sum so paid by him in or towards
the satisfaction of the sum due under any one of the
Explanation . — In this sub -section , " hire - prchase
agreements , or in or towards the satisfaction of the
charges " means the difference between the hire - pur
sums due under any two or more of the agreements
chase price and the cash price as stated in the
in such proportions as he thinks fit , and, if he fails
hire -purchase agreement.
to make any such appropriation as aforesaid , the
( 3 ) The provisions of this section shall have sum so paid shall, by virtue of this section , stand
effect notwithstanding anything to the contrary appropriated towards the satisfaction of the sums
O
-24TH AUGUST, 1972 ( BHADRA 2 , 1894 )
365
due under the respective hire -purchase agreements
in the order in which the agreements were entered
into .
12. Assignment and transmission of hirer s right
or interest under hire - purchase agreement. — ( 1 )
The hirer may assign his right, title and interest
under the hire -purchase agreement with the con
sent of the owner , or , if his consent is unreasonably
withheld , without his consent .
(2 ) Except as otherwise provided in this section ,
no payment or other consideration shall be required
by an owner for his consent to an assignment under
sub- section ( 1 ) , and where an owner requires any
such payment or other consideration for his con
sent, that consent shall be deemed to be unreason
ably withheld .
( 3 ) Where on a request being made by a hirer
in this behalf the owner fails or refuses to give his
ccnsent to an assignment under sub -section ( 1 ) the
hirer may apply to the court for an order declaring
that the consent of the owner to the assignment has
been unreasonably withheld , and where such an order
is made the consent shall be deemed to be unreason
ably withheld .
14. Obligation of hirer in respect of care to be
taken of goods. ( 1 ) A hirer in the absence of a
contract to the contrary , —
(a ) shall be bound to take as much care of
the goods to which the hire -purchase agreement
relates as a man of ordinary prudence would ,
under similar circumstances , take of his own
goods of the same bulk , quality and value ;
(6 ) shall not be responsible for the loss , des
truction or deterioration of the goods, if he has
taken the amount of care thereof described in
clause ( a ) .
( 2 ) The hirer shall be liable to make compensa
tion to the owner for any damage caused by failure
to take care cf the goods in accordance with the pro
visions of sub -section ( 1 ) .
0
Explanation . In this sub -section , " court " means
a court which would have jurisdiction to entertain
a suit for the relief claimed in the application .
( 4 ) As a condition of granting such consent, the
owner may stipulate that all defaults under the hire
-purchase agreement shall be made good and may
require the hirer and the assignee to execute and
deliver to the owner an assignment agreement, in
a form approved by the owner , whereby, without af
fecting the continuing personal liability of the hirer
in such respects, the assignee agrees with the owner
to be personally liable to pay the instalments of
hire remaining unpaid and to perform and observe
all other stipulations and conditions of the hire -pur
chase agreement during the residue of the term
thereof and whereby the assignee indemnifies the
hirer in respect of such liabilities .
( 5 ) The right, title and interest of a hirer under
a hire- purchase agreement shall be capable of pas
sing by operation of law to the legal representative
of the hirer but nothing in this sub- section shall
relieve the legal representative from compliance with
the provisions of the hire -purchase agreement .
15. Obligation of hirer in respect of use of goods .
- If the hirer makes any use of the gocds to which
the hire - purchase agreement relates which is not
according to the conditions of the agreement, the
hirer shall be liable to make compensation to the
owner for any damage arising to the goods from or
during such use .
16. Obligation of hirer to give information as to
whereabouts of goods. — ( 1) Where by virtue of a
hire -purchase agreement a hirer is under a duty to
keep in his possession or control the goods to which
the agreement relates , the hirer shall , on receipt
of a request in writing from the owner , inform the
owner where the goods are at the time when the
information is given or , if it is sent by posit , at the
time of posting .
( 2 ) If the hirer fails withcut reasonable cause to
give the said information within fourteen days of
the receipt of the notics , he shall be punishable with
fine which may extend to two hundred rupees .
17. Rights of hirer in case of seizure of goods by
owner. ( 1 ) Where the owner seizes under clause
( c ) of section 19 the goods let under a hire - purchase
agreement, the hirer may recover from the owner
the amount, if any , by which the hire - purchase price
falls short of the aggregate of the following amounts ,
namely : -
(i ) the amounts paid in respect of the hire- pur
chase price up to the date of seizure ;
(ii) the value of the goods on the date of sei
zure ;
(2 ) For the purposes of this section , the value
cf any goods on the date of seizure is the best price
that can be reasonably obtained for the goods by
the owner on that date less the aggregate of the
following amounts , namely :
(i) the reasonable expenses incurred by the
owner for seizing the goods ;
(ii) any amount reasonably expended by the
owner on the storage , repairs or maintenance of
the goods ;
( iii) (whether or not the goods have subse
quently been sold cr otherwise disposed of by the
owner ) the reasonable expenses of selling or
otherwise disposing of the goods ; and
( iv ) the amount spent by the owner for pay
ment of arrears of taxes and other dues which
are payable in relation to the goods under any
law for the time being in force and which the
hirer was liable to pay .
Explanation . — In this sub - section , the
expression " legal representative" has the
same meaning as in clause ( 11 ) of sec
tion 2 of the Code of Civil Procedure,
1908 .
5 of 1908
(6 ) The provisions of this section shall apply
notwithstanding anything to the contrary contained
in the hire -purchase agreement.
13. Obligations of hirer to comply with agreement.
- Subject to the provisions of this Act, a hirer shall
be bound
( a ) to pay the hire in accordance with the
agreement, and
(b ) otherwise to comply with the terms of the
agreement.
366
SERIES I No. 21
( 3 ) If the owner fails to pay the amount due from
him under the provisions of this section or any por
tion of such amount, to the hirer within a period
of thirty days from the date notice for the payment
of the said amount is served on him by the hirer the
owner shall be liable to pay interest on such amount
at the rate of twelve per cent per annum from the
date of expiry of the said period of thirty days .
( 4 ) Where the owner has sold the goods seized by
him the onus of proving that the price obtained by
him for the goods was the best price that could be
reasonably obtained by him on the date of seizure
shall lie upon him .
( a ) subject to the provisions of section 21 and
section 22 , to recover possession of the goods
by application under section 29 or by suit ;
( e ) without prejudice to the provisions of sub
section ( 2 ) of section 14 and of section 15 ,
to damages for non - delivery of the goods, from
the date on which termination is effective, to the
date on which the goods are delivered to or
seized by the powner .
CHAPTER. V
20. Restriction on owner s right to recover pos
session of goods otherwise than through court .-- ( 1 )
Where goods have been let under a hire - purchase
agreement and the statutcry proportion of the hire
-purchase price has been paid , whether in pursuance
cf the judgment of a court or otherwise , or tendered
by or on behalf of the hirer or any surety , the owner
shall not enforce any right to recover possession of
the gocds from the hirer otherwise than in accord
ance with sub - section ( 3 ) or by suit .
.
o
Rights and obligations of the owner
18. Rights of owner to terminate hire -purchase
agreement for defauit in payment of hire or unautho
rised act or breach of express conditions. ( 1 )
Where a hirer makes more than one default in the
payment of hire as provided in the hire-purchase
agreement then , subject to the provisions of sec
tion 21 and after giving the hirer notice in writing
of not less than
( i) one week , in a case where the hire is payable
at weekly or lesser intervals ; and
( ii ) two weeks, in any other case ,
the owner shall be entitled to terminate the agree
ment by giving the hirer notice of termination in
writing :
Provided that if the hirer pays or tenders
owner the hire in arrears together with such in
terest thereon as may be payable under the terms
of the agreement before the expiry of the said period
of one week or , as the case may be, two weeks, the
owner shall not be entitled to terminate the agree
ment.
( 2 ) Where a hirer .
( a ) does any act with regard to the goods to
which the agreement relates which is inconsistent
with any of the terms of the agreement; or
(6 ) breaks an express condition which provides
that, on the breach thereof , the owner may termi
nate the agreement ,
the owner shall , subject to the provisions of section
22 , be entitled to terminate the agreement by giving
the hirer notice of termination in writing .
Explanation . In this section , " statutory propor-
tion " means,
( i ) one-half , where the hire -purchase price is
less than fifteen tihousand rupees ; and
( ii ) three- fourths, where the hire- purchase price
is ncit less than fifteen thousand rupees :
Provided that in the case of mctor vehi
cles as defined in the Motor Vehicles
Act, 1999, " statutory proportion " shall
4 of 1939.
mean ,
( 1 ) one -half, where the hire -purchase price is less
than five thousand rupees ;
( ii ) three - fourths , where the hire -purchase price
is not less than five thousand rupees but less than
fifteen thousand rupees ;
( iii ) three -fourths or such higher proportion nct
exceeding nine -tenths as the Central Government
may, by notification in the Official Gazette, spe
cify, where the hire -purchase price is not less than
fifteen thousand rupees .
( 2 ) If the owner recovers possessicn of gcods in
contravention of the provisions of sub -section ( 1 ) ,
the hire -purchase agreement , if not previously ter
minated , shall terminate , and ----
( a ) the hirer shall be released from all liability
under the agreement and shall be entitled to re
cover from the owner all sums paid by the hirer
under the agreement or under any security given
by him in respect thereof ; and
(b ) the surety shall be entitled to recover from
the owner all sums paid by him under the contract
of guarantee or under any security given by him
in respect thereof .
( 3 ) Where , by virtue of the provisions of sub - sec
tion ( 1 ), the owner is precluded from enforcing a
right to recover possession of the goods, he may
make an applicaticn for recovery of possession of the
goods to any court having jurisdiction to entertain
a suit for the same relief.
( 4 ) The provisions of this section shall nct apply
in any case in which the hirer has terminated the
agreement by virtue of any right vested in him .
19. Rights of owner on termination . -- Where a
hire -purchase agreement is terminated under this
Act , then the owner shall be entitled ,
( a ) to retain the hire which has already been
paid and to recover the arrears of hire due :
Provided that when such goods are seized by
the owner , the retention of hire and recovery of
the arrears of hire due shall be subject to the
provisions of section 17 ;
(b ) subject to the conditions specified in clause
( a ) and (b ) of sub - section (2 ) of section 10 , to
forfeit the initial deposit , if so provided in the
agreement ;
(c ) subject to the provisions of section 17 and
section 20 and subject to any contract to the con
trary , to enter the premises of the hirer and seize
the goods ;
21. Relief against termination for non - payment of
hire . Where the owner , after he has terminated
the hire- purchase agreement in accordance with the
Dowww
WWW.MY
24TH AUGUST, 1972 ( BHADRA 2 , 1894 )
367
provisions of sub - section ( 1 ) of secticn 18 , institutes
a suit or makes an application against the hirer for
the recovery of the goods , and at the hearing of the
suit cr application , the hirer pays or tenders to the
owner the hire in arrears, together with such interest
thereon as may be payable under the terms of the
agreement and the cost of the suit or application in
curred by the owner arid complies with such other
conditions, if any, as the court may think fit to
impose , the court may, in lieu of making a decree or
order for specific delivery , pass an order relieving
the hirer agairst the terminations; and thereupon the
hirer shall continue in possession of the goods as if
the agreement had not been terminated .
contract of guarantee relating to the agreement,
or to enforce any right to recover the goods from
the hirer ; and
( b ) no security given by the hirer in respect
cf money payable under the agreement or given
by a surety in respect of money payable under
such a contract of guarantee as aforesaid shall be
enforceable against the hirer or the surety by any
holder thereof ,
and , if the default continues for a period of two
months , the owner shall be punishable with fine
which may extend to two hundred rupeesi.
(4 ) Nothing in sub - section ( 3 ) shall be construed
as affecting the right of a third -party to enfcrce
against the owner or hirer or against both the owner
and the hirer any charge cr encumbrance to which
the goods covered by the hire- purchase agreement
are subject.
CHAPTER VI
22. Relief against termination for rinauthorised
act or breach of express condition . - Where a hire
purchase agreement has been terminated in accord
ance with the provisions of clause (a ) or clause ( 5 )
cf sub - section (2 ) of section 18 , no suit or applica
tion by the owner against the hirer for the recovery
of the goods shall lie unless and until the owner has
served on the hirer a notice in writing ,
( a ) specifying the particular breach or act com
plained of ; and
(b ) if the breach cr act is capable of remedy,
requiring the hirer to remedy it,
and the hirer fails , within a period of thirty days
from the date of the service of the notice , to remedy
the breach or act if it is capable of remedy .
Miscellaneous
o
24. Discharge of price otherwise than by payment
of money . - Where an owner has agreed that any
part of the hire -purchase price may be discharged
otherwise than by the payment of money , any such
discharge shall , for the purposes of section 10 , sec
tion 11 , section 17 , section 20 and section 23 , be
deemed to be a payment of that part of the hire - pur
chase price .
-
23. Obligation of owner to supply copies and infor
mation . ( 1) It shall be the duty of the owner to
suply , free of cost, a true copy of the hire -purchase
agreement, signed by the owner , —
(a ) to the hirer, immediately after execution of
the agreement ; and
( b ) where there is a contract of guarantee, to
the surety, on demand made at any time before
the final payment has been made under the agree
ment.
25. Insolvency of hirer , etc. -- ( 1) Where , during
the continuance of the hire - purchase agreement, the
hirer is adjudged insolvent under any law with res
pect to insolvency for the time being in force , the
Official Receiver or where the hirer is a company ,
then in the event of the company being wound up ,
the liquidator , shall have , in respect of the goods
which are in the possession of the hirer under the
agreement , the same rights and obligations as the
hirer had in relation thereto .
( 2 ) It shall also be the duty of the owner , at any
time before the final payınent has been made under
the hire- purchase agreement, to supply to the hirer ,
within fourteen days after the owner receives a re
quest in writing from the hirer in this behalf and
the hirer tenders to the cnwer the sum of one rupee
for expenses , a statement signed by the owner cr
his agent showing -
(a ) the amount paid by or on behalf of the hirer ;
(b ) the amount which has become due under
the agreement but remains unpaid , and the date
upon which each unpaid instalment became due ,
and the amount of each such instalment ; and
( c ) the amount which is to become payable
under the agreement , and the date or the mode of
determining the date upon which each future ins
talment is to become payable , and the amount of
each such instalment.
( 2 ) The Official Receiver or the liquidator , as the
case may be, may , with the permission of the Insol
vency Court or the court in which the winding up
proceedings are pending , assign the rights of the
hirer under the agreement, to any other person , and
the assignee shall have all the rights and be subject
to all the obligations of the hirer under the agree
menc.
Explanation . In this section , " Offi
cial Keceiver " means an Official Receiver
appointed under the Provincial Insolvency
Act, 1920 , and inciudes any person hoid
ing a similar office under any other law
with respect to insolvency for the time
being in force .
5 of 1920 .
( 3 ) Where there is a failure without reascuable
cause to carry out the duties impcsed by sub - sec
tion ( 1 ) , or sub -section ( 2 ) , then , while the default
continues, ---
( a ) the owner shall not be entitled to enforce
the -agreement against the hirer or to enforce any
26. Successive hire- purchase agreements between
same parties . — Where goods have been let under a
hire -purchase agreement, and at any time thereafter
the owner makes a subsequent hire -purchase agree
ment with the hirer , whether relating exclusively to
other goods or to other goods together with the
368
SERIES I No. 21
--
The General Insurance ( Emergency Provisions)
Amendment Act, 1972
goods to which the first agreement relates , any such
subsequent hire -purchase agreement shall not have
effect in so far as it affects prejudicially any right
which the hirer would have had by virtue of sec
tion 20 under the first agreement, if such subse
quent hire -purchase agreement had not been made .
AN
ACT
to amend the General Insurance ( Emergency Pro
visions ) Act , 1971 .
27. Evidence of adverse detention in suit or appli
cation to recover possession of goods . — ( 1 ) Where ,
in a suit or application by an owner of goods which
have been let under a hire -purchase agreement , to
enforce a right to recover possession of the goods
from the hirer , the owner proves that , beiore the
commencement of the suit or application and after
the right to recover possession of the goods accrued ,
the owner made a request in writing in the hirer to
surrender the goods , the hirer s possession of the
goods shall , for the purpose of the owner s claim to
recover possession thereof, be deemed to be adverse
to the owner .
(2 ) Nothing in this section shall affect a claim
for damages for conversion .
Be it enacted by Parliament in the Twenty -third
Year of the Republic of India as follows:
1. Short title and commencement . ( 1 ) This Act
of 1971. - In the General Insurance ( Emergency
Provisions) Amendment Act , 1972 .
( 2 ) It shall be deemed to have come into force
on the 13th day of May, 1971.
2. Insertion of new section 4A and 4B in Act 17
of 1971. — In the General Insurance ( Emergency
Provisions ) Act , 1971 (hereinafter referred to as .
the principal Act) , after section 4 , the following
sections shall be inserted , namely : —
28. Hirer s refusal to surrender goods not to be
version in certain cases . If , during the subsistence
of any restriction to which the enforcement by an
owner of a right to recover possession of goods from
a hirer is subject by virtue of this Act, the hirer
refuses to give up possession of the goods to the
owner , the hirer shall not, by reason only of such
refusal, be liable to the owner for conversion of the
goods.
-
NAV
29. Service of notice . Any notice required or
authorised to be served on or given to an owner or
a hirer under this Act may be so served or given
(a ) by delivering it to him personally ; or
(b ) by sending it by post to him at his last
known place of residence or business .
30. Power to exempt from provisions of sections
6 , 9, 10 , 12 and 17 in certain cases , Where the
Central Government is satisfied that having regard
to
( a ) the short supply of any goods or class of
goods, or
(b ) the use or intended use of any goods or
class of goods and the persons by whom such
goods or class of goods are used or intended to
be used , or
(c ) the restrictions imposed upon the trade or
commerce in any goods or class of goods, or
( d ) any other circumstances in relation to any
goods or class of goods ,
it is necessary or expedient in the public interest so
to do , the Central Government may , by notification
in the Official Gazette , direct that clause (b ) of sub
-section ( 2 ) of section 6 , section 9 , section 10 , sec
tion 12 and section 17 or any of them shall not apply
or shall apply with such modifications as may be
specified in the notification , to hire - purchase agree
ments relating to such goods or class of goods .
" 4A . Application of Act 1 of 1956. — ( 1 ) Not
withstanding anything contaired in the Companies
Act, 1956 , or in the memorandum or articles of
association of any insurer or in any other ins
trument, no resolution passed at any meeting of
the Board of directors or of the members of an
insurer shall be given effect to unless approved
by the Central Government.
( ? ) Subject to the other provisions
contained in this Act and subject to
such exceptions , restrictions ar.d limi
tations, if any, as the Central Govern
ment may , by notification in the Offi
cial Gazette, specify in this behalf ,
the Companies Act, 1956 and the Insu 1 of 1956 .
rance Act shall continue to apply to
every insurer in the same manner as
they applied to him before the appoint
ed day .
( 3 ) Every notification made by the Central
Government under sub -section ( 2 ) shall be laid ,
as soon as may be after it is made, before each
House of Parliament while it is in session for a
total period of thirty days which may be com
prised in one session or in two or more successive
sessions, and if, before the expiry of the session
immediately following the session or the succes
sive sessions aforesaid , both Houses agree in
making any modification in the notification , or
both Houses agree that the notification should not
have been made , the notification shall thereafter
have effect only in such modified form or be
of no effect, as the case may be; so , however ,
that any such modification or annulment shall be
without prejudice to the validity of anything pre
viously done under that notification .
4B . Custodian or other person to be
in charge of the management of the
undertaking of the insurer. — Subject
to such directions and instructions as
the Central Government may give
under this Act , the Custodian , or ,
where no Custodian has been appointed
in relation to the undertaking of any
insurer , the person in charge, under
31. Act not to apply to existing agreements. — This
Act shall not apply in relation to any hire - purchase
agreement made before the commencement of this
Act.
..
:
... ne ::......
24TH AUGUST , 1972 ( BHADRA 2 , 1894 )
369
section 3 , of the management of the
undertaking of the insurer , shall alone
be entitled to exercise all the powers
of management in connection with , or
incidental to the carrying on or other
wise of the general insurance business
of the insurer , whether such powers are
derived from the Companies Act , 1956 ,
cr from the memorandum or articles
of association of the insurer or from
any other source." .
CHAPTER V
Reinstatement of qualified persons called
up for national service
Sections
23. Reinstatement.
24. Preservation of certain rights of qualified persons
required to render national service,
1 of 1956 .
CHAPTER VI
Other offences and penalties
25. False statement and forgery .
26 . General provision as to offences .
27. Offences by companies .
CHAPTER VII
Miscellaneous
3. Amendment of section 6 . In sub -section ( 2 )
of section 6 of the principal Act,
( a ) in sub - clause ( i) of clause ( A ) , for the
words " dividend during at least one" , the words
" dividend for at least one" shall be subsitituted ;
( b ) in clause ( B ) , for the words " net pre
mium ir.come of the undertaking of the insurer
in India ” , the words “ net premium income of
the undertaking of the insurer in so far as it
relates to business effected in India " shall be
substituted .
28. Information to be furnished by Universities , etc.
29. Information to be furnished by District Magistrate .
30. Priority of debts .
31. Summary trial of offences.
32. Jurisdiction to try offences.
33. Protection of action taken in good faith .
34 , Removal of difficulties .
35. Power to delegate .
36. Power to make rules .
37. Power to make regulations.
38. Rules and regulations to be laid before Parliament.
The National Service Act, 1972
4. Saving . --- The provisions of the Ge
neral Insurance (Emergency Provisions)
Act, 1971, as amended by this Act, shall 17 of 1971
have effect notwithstanding any judge
menit, decree or order of any Court
or Tribunal.
AN
ACT
The National Service Act, 1972
to provide for the registration of qualified persons
and for the rendering of national service by such
persons and for matters connected therewith .
Be it enacted by Parliament in the Twenty -third
Year of the Republic of India as follows :
ARRANGEMENT OF SECTIONS
-
CHAPTER I
CHAPTER I
Preliminary
1. Short title , extent and commencement . — ( 1 )
This Act may be called the National Service Act, 1972,
( 2 ) It extends to the whole of India .
Preliminary
Sections
1. Short title , extent and commencement.
2. Definitions.
CHAPTER II
Liability of persons to render national service
3. Liability of persons to be called up for national service.
4. Valuntary service in lieu of national service .
5. Liability to complete interrupted service.
6. Power of Central Government to direct a person to
render service with the Armed Forces of Union or
other national service .
7. Discipline.
8. Power of Central Government to require any employer
to release qualified persons.
9. Transfer .
10. Persons not to leave national service or be discharged
therefrom unless permitted by Central Government .
( 3 ) It shall come into force on such date as the
Central Government may , by notification , appoint.
CHAPTER III
Registration and enlistment for national service
11. Persons required to register .
12. Registration .
13. Notice of likelihood of calling up for national service .
14. Enlistment for national service .
15. Salary, wages , etc., and travelling allowances to be
paid to persons enlisted for national service .
16. Training
17. Discharge.
CHAPTER IV
Postponement of national service
18. National Service ( Hardship ) Committee .
19. Application for postponement on grounds of hardship .
20. Appeal from decision
the National Service
(Hardship ) Committee .
21. Revocation of postponement certificate .
22. Suspension of right to postponement of liability to
be called up for national service .
2. Definitions. In this Act , unless the context
otherwise requires ,
( a ) " employer " means any person who employs
any qualified person for doing any work in any
establishment and includes any person entrusted
with the supervision and control of qualified per
sons in such establishment ;
( b ) " establishment " means
( i ) any office, or
( ii ) any place where any industry , trade, bu
siness or occupation is carried on , and includes
any technical institution or training centre ;
( c ) " national service" means any service which
is likely to assist the defence of India and civil
defence or the efficient conduct of military ope
rations and includes such social service as the
Central Government may , if it is of opinion that
it is necesary for public purposes so to do , by
notification specify in this behalf ;
( d ) notification " means a notification published
in the Official Gazette ;
370
SERIES 1 No. 21
( e ) " prescribed ” means prescribed by rules made pleted by him , be equivalent to the term of service
under this Act ;
for which persons are liable to serve under this Act .
( f) " qualified " means a citizen of India who is
( 3 ) If any qualified person has been enlisted as a
ordinarily resident in India and who , -
member of —
( i ) has obtained a recognised me
( a ) the Indian Reserye Forces , regu
dical qualification within the mea
lated under the Indian Reserve Forces
ning of the Indian Medical Council
102 of 1956. Act , 1888 ,
4 of 1888 .
Act , 1956 , or
( ii ) has obtained , or has passed an exami
(b ) the Territorial Army constituted
nation which entitles him to obtain , a degree of under the Territorial Army Act, 1948 , 56 of 1948 .
a University or its equivalent qualification in
(c ) the Air Force Reserve or the
any branch of engineering or technology or Auxiliary Air Force Reserve constitu
both ,
ted under the Reserve and Auxiliary
Air Forces Act , 1952,
62 of 1952 .
Explanation . For the purposes of this Act, a
( d ) the Indian Naval Reserve Forces
qualified person who is resident in India shall be
raised and maintained under the Navy
deemed to be ordinarily resident there unless —
Act , 1957, or
62 of 1957.
( a ) he is residing there only for the purposes
( e ) any other Force of the foregoing nature ,
of attending a course of education ; or
(b ) the circumstances of his residence there he shall not be called up , so long as he continues to
are otherewise such as to show that he is re be a member of that Force, to render national service
siding there for a temporary purpose only ; or
under this Act :
( c ) he, being a person who was born or domi
Provided that he shall, after he has ceased to be
ciled in any country outside India , has been resi
a member of such Force , be liable to render national
dent in India for less than two years .
service ( unless he has ceased to be liable under this
Act to be called up for national service ) , for such
CHAPTER II
term as will , together with the actual service ren
Liability of persons to render national service dered by him as a member of that Force , be equiva
lent to the term of service for which persons are
3. Liability of persons to be called up for national
liable to serve under this Act .
service . - ( 1) Every person who -
( a ) is a qualified person at the commencement 5. Liability to completo interrupted service . - If
of this Act , or
any qualified person serving in the Armed Forces
(b ) becomes a qualified person after such com
of the Union ceases to serve therein before he has
mencement,
completed four years of such service , he shall, unless
he has ceased to be liable under this Act to be called
shall , if he has not attained the age of thirty years. up for national service , be liable to be called up to
at such commencement; or , as the case may be , on serve for such term as will , together with the service
the date on which he becomes a qualified person , be completed by him , be equivalent to the term of ser
liable until he attains the age of thirty years , to be vice for which persons are liable to serve under
called up for national service for a period of not this Act .
more than four years .
6. Power of Central Government to direct a person
( 2 ) The period of national service for which a
to render service with the Armed Forces of Union
qualified person shall be liable to be called up under
or other national service .
this Act shall begin from the date on which he is
- Subject to the provisions
required by an enlistment notice served under this of section 3, the Central Government may , by order ,
Act to present himself to the authority specified
require a qualified person to render service in the
Armed Forces of the Union or such other national
therein and shall end on the day when his term of
national service is completed in accordance with the service , as it may specify in this behalf , for such
provisions of this Act .
period and at such place as may be specified in the
order .
4. Voluntary service in lieu of national service . --
( 1) If a qualified person has been enlisted under any 7. Discipline . ( 1) Every qualified person enlisted
other law for the time being in force , for service in
under this Act for national service in the Armed
one of the Armed Forces of the Union for a period Forces of the Union shall, subject to such conditions
of not less than four years , he shall perform the as may be prescribed , be bound to serve in any
service required of the members of that Force in lieu
branch of the Armed Forces to which he is for the
of the national service required under this Act.
time being attached , and shall be subject to all laws,
rules , regulations and orders in force for the time
(2 ) If a qualified person has rendered or is render being in relation to such branch .
ing service, other than service in one of the Armed
Forces of the Union and such service is declared by ( 2 ) Every qualified person enlisted for any nati
the Central Government to be equivalent to national onal service , other than service in the Armed Forces
service, the period of such service shall be deemed of the Union shall, subject to such conditions as may
to be service in lieu of the national service required be prescribed , be bound to serve in any position or
under this Act and he shall (unless he has ceased to post to which he is appointed for the time being, and
be liable under this Act to be called up for national shall be subject to all laws, rules , regulations and
service ) , be liable to be called up for national service orders in force for the time being in relation to such
for such term as will , together with the service com position or post .
...
te 2THOUTKOV.47
371
24TH AUGUST , 1972 ( BHADRA 2 , 1894 )
--
8. Power of Central Government to require any ment of this Act, to be called up for national service ,
employer to release qualified persons . — ( 1) The make an application , within ninety days from such
Central Government may ; by order in writing, re commencement, to be registered under this Act.
quire any employer to release any qualified person
(2 ) Every qualified person who becomes liable
for employment in national service within such time
after the commencement of this Act , to be called up
as may be specified in the order .
for national service , shall , within thirty days from
(2 ) Where an employer releases a qualified person the date on which he becomes so liable , make an
for employment in national service , such employer application to be registered under this Act.
shall not be liable to pay the salary , wages and other
emoluments , if any , of the qualified person for the 12. Registration . ( 1 ) The Central Government
period during which national service is or has been shall, by general order , direct qualified persons who
rendered by the qualified person .
are required to be registered under this Act ,
( 3 ) No contract, subsisting between a qualified (a ) to furnish at such place and time, in such
person and his employer on the date of release of the manner and to such authority or person as may
qualified person for employment in national service , be specified therein , such particulars about them
shall be enforceable until such qualified person has selves as the order may require ; and
been discharged from national service .
( b ) to make at such place, in such manner and
(4 ) In computing the period specified in any con to such authority cr person as may be specified in
tract of service in relation to a qualified person who the order , an application to be registered under
has been called upon to render national service , the this Act.
period of national service actually rendered by such
( 2 ) The order made under sub -section ( 1 ) may
qualified person shall be excluded .
make different provisions in relation to different
( 5 ) If any employer fails without sufficient cause
classes of qualified persons subjeat to registration
to comply with the order made under sub -section ( 1 ) ,
and may provide for exempting from any require
he shall be liable to be punished with imprisonment ments of the order of any class of qualified persons
for a term which may extend to three years and also
with respect to whom the Central Government is
with fine which may extend to one thousand rupees .
satisfied that particulars sufficient ficr the purposes
of this Act can be ascertained otherwise than by
9. Transfer. The Central Government may , by
virtue of those requirements .
regulations , make provisions for enabling or requir
ing a qualified person rendering national service in ( 3 ) If any qualified person fails to comply with
any branch of the Armed Forces of the Union to be any requirement of the order made under sub - sec
transferred to any other branch of that Force or to tion ( 1 ) , he shall be liable to be punished with im
any other branch of national service or vice versa . prisonment for a term which may extend to three
years , or with fine which may extend ito cne thousand
10. Persons not to leave national service or be dis .
rupees , or with both .
charged therefrom unless permitted by Central Go
vernment . — ( 1 ) No qualified
No qualified person rendering
(4 ) The Central Government shall ensure —
national service under this Act shall leave such ser
( a ) that upon an application duly made for re
vice until he is discharged therefrom under section
gistration under this Act, the name and address
17 .
cf the applicant together with the particulars of
( 2 ) No qualified person who has been served with the matters with respect to which infcrmation was
a notice under sub -section ( 1 ) of section 13 or an given by the applicant in pursuance of the order
enlistment notice under section 14 shall, if he is in
made under sub -section ( 1) are entered in a regis
any employment at the date of service of such notice , ter kept for the purposes of this Act , to be known
leave such employment or be discharged therefrom ,
as the " National Service Register " ; and
except in accordance with the provisions of this Act .
(b ) that upon the applicant being registered , a
Provided that nothing in this sub -section shall certificate of registration is issued to the appli
apply where the employment of a qualified person cant in the prescribed form .
is terminated for the reason that the said person has
(5 ) The information contained in the National
been guilty of gross insubordination , habitual ab
sence from work , or serious misconduct or has been
Service Register shall not be used for any purpose
convicted of an offence .
other than the purposes of this Act :
( 3 ) If a qualified person who has been served with Provided that nothing in this sub - seotion shall pre
a notice under sub - section ( 1 ) of section 13 or an clude the Central Government from disclosing , for
enlistment notice under section 14 leaves any employ
statistical purposes , any infcrmation contained in
ment in which he is engaged at the date cf service the National Service Register .
of such notice or es discharged therefrcm otherwise
than in accordance with the provisions of this Act , (6 ) The Central Government may cause registra
he or , as the case may be , the person by whom he tion to be made of , and a certificate of registration
is discharged , shall be punished with imprisonment to be issued to , any qualified person of a class exemp
for a term which may extend to five years and also ted from any of the requirements of sub - section ( 1 )
with fine which may extend to two thousand rupees . as if that persen had duly applied to be registered
under this Act .
CHAPTER III
Registration and Enlistment for National Service
( 7 ) ( a ) If any qualified person subject to regis
tration under this Act communicates to the Central
11. Persons required to register. — ( 1 ) Every qua
Government in the prescribed manner , that he has a
lified person shall, if he is liable, at the commence preference for the Army, Air Force or Naval Ser
...w ..
372
SERIES 1. No. 21
(4 ) The Central Government may make regula
tions for the examination of the physical and mental
fitness of persons subject; to registration under this
Act and such regulations may , in particular , enable
the medical and other authority -
( a ) in case where he is unable to complete
the examination on one occasion , to direct the
persons examined to submit himself for a further
examination on a specified time and place ;
(b ) to direct the person examined to submit
himself for examination by a specialist. ·
(5 ) The Central Government may by regulations
determine the categories in which persons under this
section are to be placed with reference to their phy
sical and mental condition .
vice, that fact shall be recorded in the Naticnal Ser
vice Register .
(b ) If a qualified person belonging to a class which
is exempted from registration under this Act has a
preference for the Army, Air Force or Naval Ser
vice , he shall intimate such preference to the Central
Government in such manner as that Government may
specify and , on receipt of such intimation , the Cen
tral Government shall cause such preference to be
recorded in the National Service Register .
( 8 ) ( a ) If any change occurs in the name or ad
ress of any qualified person while such person rema
ins registered under this Act , or if any such person
acquires any additional academic cr professional
qualificaticn or distinction , he shall forthwith com
municate the change of his name or address , or, as
the case may be, the acquisition by him of additional
academic or prcfessional qualification or distinction
to the Central Government in the prescribed manner
and ait the same time return to the Central Govern
ment , for correction , any certificate of registration
held by him and if he fails to communicate the
change cf his name or address , or , as the case may
be , the acquisition by him of the additional academic
or professional qualification or distinction, he shall
be liable to be punished with fine which may extend
to five hundred rupees .
( 6 ) Upon the receipt of a communication of the
change of name or address of any qualified person
registered under this Act or of acquisition by him of
additional academic or professicnal qualification or
distinction , the Central Government shall cause the
necessary corrections to be made in the entries in
the National Service Register and shall either cause
the certificate to be corrected and returned to such
perscn or cause a fresh certificate to be issued to
him .
(6 ) If any qualified perscn fails to comply with
the requirements of a notice served on him under
sub -section ( 3 ) or any regulationsmade or directions
given urder sub -section ( 4 ) , he shall be liable to be
punished with imprisonment for a term which may
extend to three years , or with fine which may extend
to one thousand rupees , cr with both .
( 7 ) The court by which a qualified person is con
victed of an offence under this section may , without
prejudice to any penalty which may be imposed on
him , order him to submit himself to an examination
of his physical and mental fitness , further examina
tion or examination by a specialist , as the case may
be, at such placs and at such time as may be fixed
by the court and any such order may provide that
such person shall be detained in custody until that
time and shall be taken by a police officer to that
place and at that time:
Provided that no person shall be detained in cus
tody by virtue of any such order for more than
twenty - four hours.
( 9 ) The Central Government may, by rules made
under this Act, provide for the issue, in specified cir
cumstances , of fresh certificates of registration in
place of certificates which have been lost , destroyed
or defaced .
13. Notice of likelihood of calling up for national
service . - ( 1 ) The Central Government may from
time to time cause to be served on any qualified
person subject to registration under this Act, and ,
if he is engaged in any employment, also on his em
ployer , a written notice in the prescribed form stating
that such person is likely ito be called upon , at any
time within a period of twelve months next follow
ing , to render national service .
( 2 ) Omission to serve any notice referred to in
sub -section ( 1 ) on an employer or the service of
such notice on a person who is not , at the time of
service of such notice, the employer of the qualified
person concerned shall not invalidate the notice ser
ved under sub -section ( 1 ) on the qualified person
and shall not affect the liability of the qualified per
son to be called up for national service .
( 3 ) The Central Government may cause to be
served , on any qualified person served with a notice
referred to in sub - section ( 1 ) , a written notice re
quiring that person to submit to an examination , by
such authority , at such place and at such time, as
may be specified in the notice , of his physical and
mental fitness for being called up for national
service .
(8 ) A qualified person who , having been ordered
by a court under sub - section ( 7 ) to submit himself
to an examination of his physical and mental fitness
and to be detained in custody , is taken by a police
officer to the place and at the time at which he is to
be examined , does not submit himself to an exami
nation of his physical and mental fitness in ac
cordance with the order , he may be arrested by that
or any other police officer without a warrant.
( 9 ) A qualified person , who fails to submit himself
to an examination of his physical and mental fitness
in accordance with an order made under sub - sec
tion ( 7 ) , shall be liable to be punished with impri
sonment for a term which may extend to three years ,
and also with fine which may extend to one thousand
rupees.
( 10 ) A notice served on any qualified person under
this section shall csass to have effect if , before that
date on which he is required to submit himself to
an examination of his physical and mental fitness ,
he ceases to be subject to registration under this
Act.
( 11 ) The Central Government may pay to the
medical or other authority , specialist , or any quali
fied person undergoing examination of his physical
and mental fitness under this section such travelling
and other allowances , includir.ig compensation for loss
of remunerative time, in accordance with such scales
as may be prescribed .
2
TXAPRO peger poco
CORE ARIAS
24TH AUGUST , 1972 ( BHADRA 2 , 1894 )
373
2
( 3 ) A qualified person who, on the date of the ser
vice of the enlistment notice on him , is engaged in
any employment, or a qualified person who is trans
ferred from one form of national service , or from
one place of employment in the national service , to
another, shall be paid , for the period of his transit
from the place of his former employment to the
place of his employment under this Act, salary or
wages ( including allowances ) at the rate fixed by
the Central Government under sub - section ( 1 ) .
(4 ) A qualified person who was in any employ
ment , on the date on which he was called up for
national service under this Act , shall, on his dis
charge from such service , be paid salary or wages
(including allowances ) for the period of his transit
from the place of his employment under this Act to
the place of his former employment at the rate fixed
by the Central Government under sub -section ( 1 ) .
( 5 ) A qualified person who is called up for na
tional service under this Act shall, on the termina
tion of his national service , be paid travelling expen
ses at such rate as may be prescribed , for journey
to the place of his former employment, or , if he was
unemployed when he was first called up for national
service under this Act, to the place of his residence .
16. Training. During his term of national ser
vice a qualified person may be required to undergo
training for such period as may be prescribed .
14. Enlistment for national service . -- ( 1 ) Subject
to such priorities as may be prescribed , the Central
Government may cause to be served on any qualified
person for the time being liable under this Act to
be called up for national service , who has been found ,
after an examination of his physical and mental con
dition , fit for such service , a written notice in the
prescribed form (in this Act referred to as the
" enlistment notice" ) stating that he is called up for
national service in such one of the Armed Forces
of the Union or in such other service as may be
specified in the enlistment notice and requiring him
to present himself at such place and at such time
and to such authority , as may be specified in the
notice :
Provided that an enlistment notice under this sec
tion shall not require the person upon whom it is
served to present himself on a day earlier than the
fourteenth day after the date of service of the notice
or such earlier day as may be determined at his
request.
( 2 ) An enlistment notice served on any qualified
person shall cease to have effect if , before the day
on which he is thereby required to present himself,
he ceases to be liable to be called up for national
service under this Act .
(3 ) The Central Government may pay to persons
required to present themselves in pursuance of an
enilstment notice served upon them travelling and
other allowances in accordance with such scales as
may be prescribed .
( 4 ) If on the day specified in the enlistment notice
as the day on which the person to whom the notice
relates is required to present himself for national
service -
(a ) a postponement certificate relating to him
is in force, or
( 5 ) any appeal or application by him for post
ponement of national service is pending,
the enlistment notice served on him shall be of no
effect.
(5 ) The enlistment notice shall be served in such
manner as may be prescribed .
15. Salary , wages , etc., and travelling allowances
to be paid to persons enlisted for national service . -
( 1 ) Every qualified person who is called up for
national service under this Act , or who is trans
ferred from one form of national service to another ,
shall be paid such salary , wages, allowances , pension ,
disability and death compensations and other bene
fits as may be prescribed :
Provided that such payments shall be on scales
not less favourable than those admissible to persons
of like qualifications, experience and length of
service in similar positions under the Government.
Explanation . - For the purposes of the foregoing
proviso , the length of standing of a qualified person
as an engineer or medical practitioner , as the case
may be, shall be construed as the length of his ser
vice .
( 2 ) Any qualified person who is called up for
national service or transferred from one form of
national service, or from one place of employment
in the national service , to another , shall be paid
travelling allowance for journey to his place of em
ployment under this Act at such rate as may be
prescribed .
17. Discharge . — ( 1 ) Every qualified person enlis
ted under this Act shall be entitled to receive his
discharge from national service on the expiration
of the period for which he was enlisted and such
person may , prior to the expiration of that period ,
be discharged from national service by such autho
rity and subject to such conditions as may be prest
cribed .
(2 ) A person receiving discharge under this sec
tion shall be given a certificate in such form as may
be prescribed certifying that he has been discharged
from national service .
( 3 ) A person who has received discharge under
this section shall not be required to render national
service after such discharge :
Provided that a person who has received discharge
under this section before he has completed four
years of national service, shall , unless he has ceased
to be liable to be called up for national service under
this Act, be liable to be called up for national service
under this Act for such term as will, together with
the period of national service rendered by him , be
equivalent to four years .
CHAPTER IV
Postponement of National Service
a
18. National Service (Hardship ) Committee.-- ( 1 )
The Central Government shall constitute a National
Service (Hardship ) Committee consisting of
Chairman and two other members appointed by it .
( 2 ) The Chairman of the National Service ( Hard
ship ) Committee shall be a person who is , or has
been , or is qualified to be, a Judge of a High Court.
( 3 ) The members of the National Service (Hard
ship ) Committee shall hold office for a period of three
years but shall be eligible for reappointment.
1 . --- ... ----
..................
374
SERIES I No. 21
(4 ) The proceedings of the National Service the hearing of an application for the grant or re
(Hardship ) Committee shall not be invalid by rea newal of a postponement certificate and as to the
son of any defect in the constitution of , or any va period for which the postponement certificate may
cancy in , such Committee .
be granted or renewed .
( 5 ) Any vacancy in the National Service (Hard ( 5 ) The National Service (Hardship ) Committee
ship ) Committee shall be filled by the Central Go may, after consideration of the application for a
vernment in such manner as it may think fit . postponement certificate or renewal thereof, grant
or reject the same.
(6 ) The Central Government may constitute Re
gional National Service (Hardship ) Committees for (6 ) The period within which the postponement cer
such regions as it may think fit and on such cons tificate is in force shall be added to the period during
titution such Regional National Service (Hardship ) which the person to whom the , certificate was
Committees shall have all the powers , functions and granted is liable under this Act to be called up for
privileges of the National Service (Hardship ) Com national service and accordingly this Act shall in
mittee and shall be subject to the same provisions
relation to that person have effect as if for reference
as are applicable to that Committee .
therein to the age of thirty years , there were subs
tituted , an age being the sum of thirty years and the
( 7) The National Service (Hardship )
period during which -
Committee shall have power to regulate
its own procedure with regard to any
( i) the postponement certificate is in force , and
investigation under this Act and shall
( i ) the enlistment notice was of no effect by
have for the purposes of such investiga
reason of the provisions of clause (b ) of sub
tion the powers of a civil court while
-section ( 1 ) of section 14 .
trying a suit under the Code of Civil
( 7 ) If any qualified person or an employer makes
Procedure , 1908 , in respect of the follow 5 of 1908 .
an application for a postponement certificate on a
ing matters, namely : —
ground which he kriows to be false or does not be
( a ) summoning and enforcing the attendance of lieve to be true or on a ground which , in the opinion
any person and examining him on oath ;
of the National Service (Hardship ) Committee, is fri
(b ) requiring the discovery and production of volous , he shall be liable to be punished with impri
documents producible as evidence ;
sonment for a term which may extend to one year ,
( c ) receiving evidence on oath ;
or with fine which may extend to one thousand
( d ) issuing commissions for the examination of
rupees , or with both .
witnesses or documents ;
20. Appeal from decision of the National Service
( e ) such other matters as may be prescribed .
(Hardship ) Committee . -- ( 1) Subject to the provi
19. Application for postponement on grounds of
sions of sub -section ( 2 ) , an appeal shall lie against
hardship . --- ( 1 ) Any qualified person who is for
the decision of the National Service (Hardship )
the time being liable to be called up for national
Committee to the High Court exercising jurisdiction
service under this Act and who has been served with
in relation to the territory in which the applicant
a notice referred to in sub -section ( 1 ) of section 13 ,
for the postponement certificate voluntarily resides ,
or any employer of such qualified person , may apply ,
carries on business or personally works for gain .
in the prescribed manner to the Central Government ( 2 ) No appeal referred to in sub - section ( 1 ) shall
for a certificate of postponement of liability to be lie unless -
called up for national service on the ground that
( i) it is preferred within thirty days from the
exceptional hardship would ensue if such qualified
date of the decision of the National Service
person were called up for national service , and may, (Hardship ) Committee , and
on that ground apply , in the prescribed manner , for ( ii ) the National Service (Hardship ) Committee
the renewal of the postponement certificate granted certifies that the case involves a substantial ques
to him ,
tion: of law .
( 2 ) Where an application for a postponement ( 3 ) Where the National Service (Hardship ) Com
certificate or for the renewal thereof is made, the mittee has refused to give a certificate referred to
Central Government shall refer the application for in sub -section ( 2 ) , the High Court may , if it is
decision to the National Service (Hardship ) Com satisfied that the case involves a substantial question
mittee .
of law , granit special leave to appeal against the
( 3 ) No application for the grant of a postponie
decision of the National Service (Hardship ) Com
ment certificate shall be referred by the Central Go
mittee .
vernment to the National Service (Hardship ) Com ( 4 ) The High Court may , after hearing the appeal,
mittee unless such application is made within sixty confirm , mod fy or reverse the decision of the Na
days from the date of service of the notice referred tional Service (Hardship ) Committee .
to in sub - section ( 1 ) of section 13 :
Provided that the Central Government may refer an
21. Revocation of postponement certificate . ( 1 )
application for the grant of a postponement certi
If, at any time, while a postponement certificate is
ficate to the National Service (Hardship ) Committee
in force, it appears to the Central Government that,
made after the expiry of the said period if it is satis
by reason of any change in the circumstances of the
fied , having regard to the grounds on which the appli
qualified person to whom the certificate was granted
or of his employer , where such certificate was
cation is made , that the making thereof has not
unreasonably delayed .
granted on the application of such employer, the
certificate ought to be revoked or the period for
( 4 ) Te Central Government may by regulations which it was granted or last renewed ought to be
specify the principles to be applied and the circums shortened , the Central Government may apply to
tances to which regard is to be or not to be had for the National Service (Hardship ) Committee , and that
24TH AUGUST, 1972 ( BHADRA 2 , 1894 )
375
Committee may either reject the application or cancel
the certificate or vary it by shortening the period .
( 2 ) Where an application is made under sub - sec
tion ( 1) , the person to whom the postponement certi
ficate in question was granted , and where such certi
ficate was granted on the application of an employer ,
such employer , shall be entitled to be heard on the
application and the provisions as to appeals.con-.
tained in section 20 shall apply in relation to the
application as if it were an application for the grant
of a postponement certificate .
22. Suspension of right to postponement of liabi
lity to be called up for national service . — ( 1 ) The
Central Government may , if it is satisfied at any
time that by reason of the gravity of the situation :
it is necessary so to do , by order
( a ) cancel, either generally or in relation to a
specified class of qualified persone , all postpone
ment certificates in force at the date of the order ,
and
( b ) abrogate, either generally or in relation to
a specified class of qualified persons, any right to
apply for the grant of a postponement certificate
and any right to appeal from the refusal to grant
such a certificate, and may , by order , vary or
revoke any order in force under this section , with
out prejudice however to the previous effect of
that order .
( 2 ) Where , on the day on which an order comes
into force under this section abrogating any right
to appeal from the refusal to grant a postponement
certificate , an appeal preferred by a person to whom
the order applies or the time for preferring such
appeal by such person has not expired , the appeal
shall be deemed to be dismissed or the time shall be
deemed to expire on the expiry of that day .
C
circumstances have so changed as to make it impos
sible or unreasonable for him to do so , or denies his
liability to reinstate such former employee , or re
presents that the reinstatement by him of the former
employee is impracticable , he shall , before the expiry
of a period of fifteen days from the date of receipt
of such application , make an application to the Nati
onal Service (Hardship ) Committee for relieving him
from the obligation referred to in sub - section ( 2 ) .
(b ) A former employee, who is not reinstated in
his former employment within fifteen days from the
date of delivery of the application made under sub
-section ( 2 ) , may , within a further period of fifteen
days ( computed from the date on which the first
-mentioned period of fifteen days expires ), represent
to the National Service (Hardship ) Committee that
his former employer has not discharged the obliga
tion imposed on him by sub - section (2 ) .
(C ) On receipt of the application referred to in
çiause (a ) or the representation referred to in clause
( b ) , the National Service ( Hardship ) Committee
shall , after considering all matters placed before it
and after making such inquiry in the matter as it
may think fit , make an order
( i) relieving the former employer from the obli
gation referred to in sub - section ( 2 ) , or
( ii) requiring the former employer to reinstate
the former employee in his former employment, or
(ii) requiring the former employer to pay to
the former employee by way of compensation , for
failure or inability to reinstate him , a sum not
exceeding an amount equal to six months remu
neration at the rate at which remuneration was
last payable by the former employer to the for
mer employee .
( d ) Where the National Service (Hardship ) Com
mittee has directed the reinstatement of any person
in his former employment , the former employer shall
be under an obligation to pay to such person salary
and allowances at the rates specified by the National
Service (Hardship ) Committee from the date of re
ceipt of the application referred to in sub - section ( 2 ) .
( 4 ) ( a ) A former employer, who has refused to
reinstate his former employee on any of the grounds
specified in sub -section (3 ) and who has omitted or
failed , without any reasonable excuse , to make an
application to the National Service (Hardship ) Com
mittee within the time specified in sub - section ( 3 ) ,
shall be punished , without any prejudice to the pro
visions of clause (b ) of this sub -section , with impri
sonment for a term which may extend to one month ,
or with fine which may extend to five thousand
rupees , or with both .
( b ) If any former employer fails to obey any order
made by the National Service (Hardship ) Committee
under sub -section ( 3 ) , he shall be punished with
imprisonment for a term which may extend to one
month , or with fine which may extend to five
thousand rupees, or with both , and the court by
which such former employer is convicted under this
gub -section shall order him to pay to the person
whom he has failed to re -employ , a sum not exceed
ing an amount equal to six months remuneration at
the rate at which his last remunaration was payable
to him by the former employer and any amount so
required to be paid shall be recoverable as if it were
a fine imposed by such court .
(5 ) Where in pursuance of the provisions of sub
-section ( 2 ) a former employer reinstates his former
CHAPTER V
Reinstatement of qualified persons called up for
National Service
23. Reinstatement. -- ( 1 ) In this section , --
( a ) " former employee " means a qualified person
who was released by an employer for employment
in national service ;
(6 ) " former employer " means the employer by
whom a former employee was employed in an esta
blishment immediately before the enlistment of
such employee for national service ;
( c ) " former employment” means the employ
ment in which the former employee was employed
immediately before his enlistment for national
service.
( 2 ) ( a ) A former employee may , on the termina
tion of his national service , make an application in
such manner and within such period as may be pres
cribed to his former employer for reinstatement in
his former employment .
(b ) On receipt of an application referred to in
clause ( a ) , the former employer shall be under an
obligation ( unless the employment of the former em
ployee in the national service was terminated by dis
missal for misconduct ) to reinstate such employee
before the expiry of a period of fifteen days from
the date of receipt of such application .
(3 ) (a ) If , on receipt of an application referred
to in sub - section ( 2 ) , the former employer refuses
to reinstate the applicant on the ground that his
CORO
376
SERIES I No. 21
.
employee and thereafter terminates the employment
of such former employee at any time within a period
of six months from the date of such reinstatement ,
the former employer shall, notwithstanding anything
to the contrary contained in the conditions of em
ployment of the former employee , be liable to pay
to the former employee , at the time of terminating
his employment as aforesaid , a sum equal to the re
muneration which the former employee would have
earned under the terms and conditions of his re -emi
ployment for the unexpired portion of the said
period of six months :
Provided that a former employer shall not be liable
to make such payment as aforesaid where the em
ployment of the former employee is terminated for
the reason that the former employee has been guilty
of gross insubordination , habitual absence from work
or any serious misconduct or has been convicted of
any offence :
Provided further that a former employee whose
employment is terminated within the said period for
any such reason as aforesaid may refer the matter
to the National Service (Hardship ) Committee and
that Committee shall , after due consideration , decide
whether or not the employer is liable as aforesaid
under this sub - section ; and any such decision shall
be final and binding on the parties .
Explanation . - Any sum required to be paid under
this sub - section shall be in addition to the amount ,
if any , which the employer may , under the conditions
of employment be liable to pay in respect of the ter
mination of the employment of the former employee
without notice .
(6 ) No change in the name, constitution or
character of the former employer shall affect the
right of reinstatement of a former employee who has
been released from employment in national service .
( 7 ) ( a ) The occupation in which and the terms
and conditions under which a qualified person may
be reinstated after completion of national service
shall not be less favourable to him than those which
would have been applicable to him had his employ
ment not been interrupted by reason of his being
called up for national service .
(b ) In determining the terms and conditions of
reinstatement of the former employee , regard shall
be had to the additional skill and experience acquired
by such employee in the course of his employment
in the national service .
ponement certificate is in force or no application
or appeal for postponement of national service is
pending , fails or omits to render the service which
he is required by such notice to render , or
( b ) having commenced to render national ser
vice, leaves that service without obtaining a dis
charge under section 17 ,
he shall be punished with imprisonment for a term
which may extend to five years and also with fine
which may extend to two thousand rupees .
( 2 ) Any person who
( a ) in giving any information for the purposes
of this Act , knowingly or recklessly makes a sta
itement which is false in material particulars or
which he does not believe to be true, or
( b ) ( i) with the intention of deceiving , forges or
uses or lends or allows to be used for any person
any certificate issued under this Act, or
( ii ) makes , or has in his possession , any docu
ment so closely resembling any certificate so is
sued as to be calculated to deceive ,
shall be punished with imprisonment for a term not
exceeding three years , or with fine not exceeding one
thousand rupees , or with both .
26. General provision as to offences . -- Any qua
lified person who contravenes any provision of this
Act for the contravention of which no penalty is
separately specified in this Act, shall be punished
with fine which may extend to five hundred rupees :
Provided that in any proceedings for an offence
punishable under this section , it shall be a defence
for the accused to prove that he was prevented from
complying with the provisions of this Act by circum
stances beyond his control.
24. Preservation of certain rights of qualified per
sons required to render national service . While
any qualified person , required to render national
service under this Act , has any righits under any
provident fund or other scheme for the benefit of
employees maintained in connection with the em
polyment he relinquishes, he shall continue , so long
as he is engaged in national service and if he is
reinstated , until such reinstatement under the pro
visions of this Act , to have in respect of such fund
or scheme such rights as may be prescribed .
27. Offences by companies . — ( 1 ) Where any pro
vision of this Act or of any order made thereunder is
contravened by a company , every person who at the
time the contravention was made was in charge of ,
and was responsible to , the company for the con
duct of the business of the company as well as the
company, shall be deemed to be guilty of the contra
vention and shall be liable to be proceeded against
and punished accordingly :
Provided that nothing contained in this sub -sec
tion shall render any such person liable to any pu
nishment, if he proves that the offence was com
mitted without his knowledge or that he had exer
cised all due diligence to prevent the commission of
such offence .
(2 ) Notwithstanding anything contained in sub
-section ( 1 ) , where any such offence has been com
mitted and it is proved that the offence has been
committed with the consent or connivance, or is attri
butable to , any neglect on the part of, any director ,
manager , secretary or cither officer of the company ,
such director , manager , secretary or other officer
shall be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accor
dingly .
Explanation . ---- For the purposes of this section –
( a ) " company" means any body corporate and
includes a firm or other association of individuals ;
and
(6 ) " director " , in relation to a firm , means a
partner in the firm .
CHAPTER VI
Other offences and penalties
25. False statement and forgery.-- ( 1) If any
qualified person —
( a ) on whom an enlistment notice has been ser
ved under this Act and in respect of whom no post
1
...............
...
24TH AUGUST , 1972 ( BHADRA 2 , 1894 )
377
CHAPTER VII
35. Powers to delegate. The CentralGovernment
may , by notification , direct that all or any of the
Miscellaneous
powers which may be exercised by it under this Act
28. Information to be furnished by Universities , shall , in such circumstances and under such condi
etc. - It shall be the duty of every University or tions , if any, as may be specified in the notification ,
be exercised also by any State Government or any
other persons having the management of any Uni
versity , school or other educational institution , to other authority owned or controlled by the Central
Government .
give to the Central Government, at its request, such
information in their possession , or reasonably avai
36. Power to make rules . ( 1 ) The Central Go
lable to them , about persons receiving , or who have
vernment may, by notification , make rules for carry
received education in engineering, technology, medi
ing out the purposes of this Act .
cal sciences cr surgery as the Central Government
may , by notification , specify in this behalf .
( 2 ) In particular and without prejudice to the
generality of the foregoing power , such rules may
29. Information to be furnished by District Magis
provide for all or any of the following matters ,
trate . - It shall be the duty of every District Magis
namely :
trate to give to tihe State Government such informa
tion in his possession about qualified persons within ( a ) the principles governing the calling up of
the local limits of his jurisdiction as may be pres persons for national service ;
cribed , and it shall be the duty of every State Go
( b ) the form and contents of the National Ser
vernment to give to the Central Government all in
vice Register ;
formation in its possession about qualified persons
( c ) the form in which the certificate of regis
in the State .
tration is to be issued ;
30. Priority of debts . Notwithstand
( d ) the manner of notification of preference
ing anything contained in the Presidency
for any branch of the Armed Forces of the Union ;
3 of 1909 .
Towns Insolvency Act , 1909 , the Provin
5 of 1920 .
( e ) the manner of notification of change of
cial Insolvency Act, 1920 , ithe Companies
1 of 1956 . name or address of , or acquisition of academic or
Act, 1956 , or the Partnership Act, 1932 ,
9 of 1932 .
any compensation payable under this Act
professional qualification or distinctions by , a qua
shall have priority over all other unse
lified person registered under this Act ;
cured debts .
( f) the circumstances under which fresh certi
ficate of registration in place of certificates which
31. Summary trial of offences . — Not
have been lost, destroyed or defaced may be
withstanding anything contained in the
issued ;
Code of Criminal Procedure , 1898 , every
5 of 1898 .
( g ) the form and contents of the notice for
offence punishable under this Act shall be
tried summarily .
examination of physical and mental fitness ;
( h ) the scale in accordance with which travelling
32. Jurisdiction to try offences. -No court infe and other allowances may be paid to medical or
ricr to that of a Presidency Magistrate or a Magis other authority or specialist or to any qualified
trate of the first class shall try any offence punish person undergoing any examination of physical
able under this Act.
and mental fitness and the scale according to
which compensation may be paid for loss of remu
33. Protection of action taken in good faith . - ( 1 ) nerative time;
No suit , prosecution or other legal proceeding shall
( i ) the priorities in accordance with which qua
lie against any person for anything which is in gocd
faith done or intended to be done in pursuance of
fied persons may be enlisted for national service ;
this Act or any rules , regulations or crders made ( i) the form and contents of the en :listment
thereunder .
notice and the manner of service thereof ;
( 2 ) No suit or other legal proceeding shall lie aga
( k ) the scales of salary , wages, allowances, pen
inst the Central Government for any damage caused
sions , disability and death compensation and other
or likely to be caused for anything which is in good
financial benefits admissible to those performing
faith done or intended to be done in pursuance of
national service ;
this Act or any rules , regulations or orders made ( 1) the scales of travelling allowances required
thereunder .
to be paid under this Act ;
34. Removal of difficulties . — ( 1 ) If any difficulty
( m ) the authority , by which and conditions sub
arises in giving effect to the provision of this Act ,
ject to which prior discharge from national service
the Central Government may make such order , not
may be made ;
inconsistent with the provision of this Act as may ( n ) the form of discharge certificate ;
appear to it to be necessary for the purpose of remo
( ) the manner of application for a certificate
ving the difficulty :
of postponement of liability to be called up for
Provided that no order shall be made under this
national service or for renewal thereof and the
sub - section after the expiry of a period of two years
time within which such application for renewal
from the commencement of this Act.
should be made ;
( 2 ) Every order made under sub - section ( 1 ) shall
( p ) the conditions of reinstatement of persons
be laid before both Houses of Parliament as soon as
released from employment in the national service
and matters connected therewith ;
may be after it is made and the provisions of sec
tion 38 shall apply to such order as if it were a rule ( q ) further inquiry which may be made by the
made under this Act .
National Service (Hardship ) Committee where
1
C
*
hone
MEDIAS
PROCESSEN
.... nu 2
Menurut
378
SERIES I No. 21
The Constitution (Twenty-ninth Amendment ) Act, 1972
AN
АСТ
further to amend the Constitution of India .
Be it enacted by Parliament in the Twenty - third
Year of the Republic of India as follows : --
reinstatement of qualified persons released from
employment in the national service is refused or
denied or where such reinstatement is represented
to be impracticable ;
( r ) the preservation of rights of provident fund ,
etc., of qualified persons rendering national ser
vice ;
( s ) the information relating to qualified persons
which every District Magistrate shall furnish to
the State Government ;
( t) any other matter which is required to be,
or may be, prescribed under this Act.
( 3 ) Any rule made under this Act may provide
that a contravention of the rule shall be punished
with imprisonment for a term not exceeding six
months, or with fine not exceeding one thousand
rupees , or with both .
1. Short title . This Act may be called the Cons
titution ( Twenty - ninth Amendment) Act, 1972 .
2. Amendment of Ninth Schedule . -- . In the Ninth
Schedule to the Constitution , after entry 64 and
before the Explanation , the following entries shall
be inserted , namely : —
" 65. The Kerala Land Reforms ( Amendment)
Act , 1969 (Kerala Act 35 of 1969 ) .
66. The Kerala Land Reforms (Amendment )
Act , 1971 (Kerala Act 25 of 1971 ) ." .
Labour and Information Department
Mormugao Port Trust
Notification
37. Power to make regulations. The Central
Government may make regulations not inconsistent
with this Act, to provide for all or any of the follow
ing matters , namely :
( a ) enabling or requiring a qualified person to be
transferred to any branch of the Armed Forces of
the Union or to any other branch of national
service ;
( b ) examination of physical and mental fitness
of qualified persons subject to registration under
this Act ;
( 0 ) determination of the categories in which
qualified persons whose physical and mental fit
ness has been examined shall be placed by refe
rence to their physical or mental conditions or
both ;
( d ) specification of the principles to be applied
and the circumstances to be considered while
hearing an application for the grant or renewal
of a postponement certficate ;
( e ) specification of the period for which a post
ponement certificate may be granted or renewed ;
( f ) any other matter for which regulations are
required to be , or may be , made under this Act .
MPTYIGA ( 16 ) / 72
As required under Section 124 ( 2 ) of the Major
Port Trusts Act, 1963 the following amendments to
the Mormugao Port Employees (General Provident
Fund ) Regulations, 1964 and the Mormugao Port
Employees ( Contributory Provident Fund ) Regula
tions , 1965 adopted by the Board of Trustees are
hereby published : -
I Introduce the following note below Regulation
12 ( 1 ) of the Mormugao Port Employees (General
Provident Fund ) Regulations, 1965 .
“ Note :
The power of the Board to sanction the
transfer of the Provident Fund balances to the
Provident Fund Account of the employees in
the Port may be exercised by the Chairman ."
38. Rules and regulations to be laid before Par
liament . — Every rule and every regulation made
by the Central Government under this Act shall be
laid , as soon as may be after it is made , before each
House of Parliament, while it is in session , for a
total period of thirty days which may be comprised
in one session or in two or more successive sessions ,
and if, before the expiry of the session immediately
following the session or the successive sessions afore
aid , both Houses agree in making any modification
to the rule or regulation or both Houses agree that
the rule or regulation should not be made, the rule or
regulation shall thereafter have effect only in such
modified form or be of no effect, as the case may be ;
So , however , that any such modification or annulment
shall be without prejudice to the validity of anything
previously done under that rule or regulation .
II Introduce the following note below Regulation
4 ( 2 ) of the Mormugao Port Employees ( Contribu
tory Provident Fund ) Regulations, 1965 .
" Note :
The power of the Board to sanction the
transfer of the Provident Fund balances to the
Provident Fund Account of the employees in
the Port may be exercised by the Chairman ." .
By order ,
M. J. Kurian
Deputy Secretary
Mormugao, 5th June, 1972 .
GOVT . PRINTING PRESS GOA
( Imprensa Nacional — Goa )
PRICE – Rs. 1-20 Ps.
REA .............
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